The IPKat

JULY 30, 2023

In addition, even if trademark owners know in which country they first authorized their sale, is this the sustainable thing to do, to object to their resale just because they are “grey market goods”? Counterfeit goods Last but not least, a hot topic for second-hand fashion is the resale of counterfeit goods. Under Article 15.2

Branding 97

Branding Brands Branding Advertising 97

Technology & Marketing Law Blog

JULY 18, 2023

This weak form of acceptance, the SG suggested, makes a browsewrap fundamentally different from other contracts (including other standard-form agreements), which should make the preemption analysis unique. Second, zooming out further, the case revolves around a topic covered on this blog routinely: data scraping.

Blogging 90

Blogging Contracts Copyright Law Copyright 90

LexBlog IP

APRIL 13, 2023

The letters themselves are called Notice of Penalty Offense (Notice) letters, and since it has been awhile since we discussed the topic, we will provide a brief recap of the legal authority that the agency is invoking. It is a somewhat unusual authority, but it is in the FTC’s statute and it has been used previously albeit infrequently.

Advertising 52

Advertising Advertising Litigation Marketing 52

IP and Legal Filings

FEBRUARY 5, 2024

Over the course of the late 1980s and early 1990s, unethical business activities and dubious corporate policies plagued the global corporate sector, giving rise to the topic of corporate governance.

Government 77

Government Business Reporting Confidentiality 77

The IPKat

JANUARY 16, 2022

In January and February WIPO will host webinars on the following topics: " ISNI: Numbering public names for the creative industries ", " Rights Data and Identifiers for Musical Works and Rights Holders " and " Rights data and identifiers for performers ". What are the boundaries on copyright protection for video games?

Intellectual Property 80

Intellectual Property Registration IP Copyright 80

LexBlog IP

FEBRUARY 26, 2023

For example, goldsmiths would stamp their work with a guild mark to show that it had been made to a certain standard. In addition to these individual marks, there were also standard symbols and designs used in these civilizations that represented certain trades or professions.

Trademark 52

Trademark Designs Design Journalism 52

The IPKat

APRIL 10, 2024

It dismissed the preliminary objections raised by the NCC regarding its legal standing, paving the way for a substantive examination of the privacy concerns. Civil society organisations and advocacy groups can play a role in educating the public and holding government accountable for upholding data protection standards.

Privacy 57

Privacy Law Government Confidentiality 57

The IPKat

OCTOBER 2, 2023

This applies in particular when the objective technical problem has to be reformulated, e.g. with regard to a closest prior-art document previously unknown to the patent proprietor" (T 0116/18, r. that the alleged technical effect is actually achieved). The issue on appeal was inventive step. EPO Guidelines for Examination, H-V, 2.2 ).

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Invention Art Publishing Patent 70

Kluwer Copyright Blog

FEBRUARY 28, 2024

Copyright law has always been an emotional topic. These are the standard narratives played out in various such occasions – see the public consultation responses. To repeat, copyright law is an emotional topic. Fuelled by AI concerns, it becomes borderline explosive.

Copyright Law 60

Copyright Law Copyright Law Music 60

43(B)log

DECEMBER 20, 2021

Challenged claims include: Defendant’s frankincense oil “promotes feelings of relaxation & tranquility”; Defendant’s lavender oil “promote[s] feeling of calm and fight[s] occasional nervous tension’ and has ‘balancing properties that calm the mind and body”; Defendant’s peppermint oil “helps to maintain energy levels when applied topically.”

Advertising 90

Advertising Advertising Blogging False Advertising 90

The IPKat

JULY 7, 2023

Its main objectives were to consider the Constitution of the Metaverse and how the Proto-Metaverse and Videogames have changed the Creative Industries in the Interactive Entertainment sector. The only solution that emerged was to let the technology develop and norms and legal standards will follow.

Reporting 86

Reporting Music IP Intellectual Property 86

43(B)log

SEPTEMBER 6, 2021

Plaintiff argued that it should have been able to use the testimony of its principal, but even during deposition, plaintiff’s counsel stated that he “was not [there] to talk about causation and damages” and objected to questions directed to him about damages, declaring that this topic would be exclusively “within the scope of expert opinion.”

False Advertising 69

False Advertising Advertising Advertising Trademark 69

Garrigues Blog

JUNE 1, 2021

Autocontrol and Asociación Española de Anunciantes (Spanish Advertisers’ Association or AEA) agree on the ethical standards that should be applied to advertising by influencers from January 1, 2021. La entrada Influencers, bullfighting, deepfakes, AI, biopics… the Garrigues IP Blog celebrates its first birthday, covering all the hot topics.

Blogging 52

Blogging IP Advertising Advertising 52

IP and Legal Filings

SEPTEMBER 12, 2022

A copyright’s primary topic is what it protects and the standards by which it is protected. The issue of two persons producing similar work is not a barrier to it becoming the topic of literary writing. The issue of copyrightable material for modern art that is object-based or based on a design still exists, though.

Art 52

Art Copyright Artistic Work Public Domain 52

The IPKat

MARCH 21, 2024

Notably, however, the UPC CoA did not object to the approach taken by the Local Division to the assessment of whether a preliminary injunction should or should not be awarded. How much the description should be used to interpret the claims is currently a hot-topic at the EPO ( IPKat ).

Invention 57

Invention Art Patent Licensing 57

43(B)log

MARCH 25, 2024

that viewers may interpret the heart disease warning to suggest that open-heart surgery “is the most common treatment for heart disease” or the best—means that the Warnings cannot be “ ‘purely factual and uncontroversial’ and objectively accurate as required to allow relaxed Zauderer review.” The inherent ambiguity in any graphic warning—e.g.,

Advertising 64

Advertising Advertising Social Media Government 64

Michael Geist

APRIL 6, 2022

If the standard is facilitating access to news content by any means, then simply linking to a news site itself would seem to qualify. media giants in the bill may help with a trade challenge, but is not going to do anything to address the policy objectives of helping local news. Including U.S.

Government 99

Government Business Journalism Marketing 99

IP and Legal Filings

FEBRUARY 12, 2023

It is a longstanding topic of debate in economic and legal circles: Hot to marry the innovative bride and the competition groom?” [i] The protection of those standards and procedures that enable the efficient functioning of markets is the hallmark of competition law. The IP and competition law objectives are consistent and compatible.

Intellectual Property 52

Intellectual Property Law Intellectual Property Law Marketing 52

Intellectual Property Law Blog

AUGUST 10, 2023

Topic This case addresses the proper standard for an appeal of a discretionary decision by a successor judge as well as requests for attorneys’ fees under 35 U.S.C. § Issues Abuse of Discretion and Successor Judges: Is the abuse of discretion standard proper for an appeal of a discretionary decision by a successor judge?

IP 130

IP Litigation Patent Law 130

Technology & Marketing Law Blog

AUGUST 21, 2023

By experimenting with more sympathetic plaintiff demographics, I assume the law firm hoped to create better precedent that it could then weaponize to help conservatives object to content moderation and more deeply entrench their existing privilege. That topic is expressly at issue in the FLA and TX social media censorship cases).

Contracts 84

Contracts Social Media Blogging Law 84

IP Tech Blog

AUGUST 22, 2022

We have specifically covered this topic in a previous blog. Therefore, the only way to protect a GUI with a design patent is by filing it as part of a design application whose main object is, for example, a mobile phone. A “Smart” product is a data processing object, which has several interactive functions. Section 4.4.2

Design Patent 57

Design Patent Designs Design Patent 57

LexBlog IP

AUGUST 31, 2021

In doing so, keep in mind the procedural posture and standard of appellate review here that can impact the extent to which the court’s decision may apply to other cases. Ericsson owns many patents considered essential to 2G, 3G and 4G standards (“standard essential patents” or SEPs). Background.

Licensing 52

Licensing Contracts Law Patent Law 52

Kluwer Copyright Blog

APRIL 26, 2022

Finally, Article 17(10) tasks the European Commission (EC) with organising stakeholder dialogues to ensure uniform application of the obligation of cooperation between OCSSPs and rights holders and to establish best practices regarding the appropriate industry standards of professional diligence. More from our authors: Law of Raw Data.

Intellectual Property 99

Intellectual Property Law Designs Design 99

LexBlog IP

AUGUST 22, 2022

We have specifically covered this topic in a previous blog. Therefore, the only way to protect a GUI with a design patent is by filing it as part of a design application whose main object is, for example, a mobile phone. A “Smart” product is a data processing object, which has several interactive functions.

Design Patent 52

Design Patent Designs Design Patent 52

The IPKat

DECEMBER 28, 2021

However, the first oral proceedings in G 1/21 did not get very far, following an objection from the opponent that they had not been properly notified of the EPO President's comments on the referral ( IPKat ). The EPO acted quickly in response to the legal uncertainty created by the referral.

Invention 67

Invention Publishing Patent Law 67

43(B)log

JULY 20, 2023

Certainly, Defendant Nepute made assertions about Vitamin D, zinc, COVID-19, and the vaccines, among other things, in his advertisements, but he often jumped from topic to topic and did not make connections between his statements. Furthermore, some of the representations he made about Vitamin D and zinc were vague or ambiguous.

Government 52

Government Advertising Advertising Social Media 52

SpicyIP

NOVEMBER 8, 2023

Speaking of this topic, I can’t miss Bedaquiline , the first new drug to receive approval to treat tuberculosis (TB) in over 40 years, which raised serious questions about its marketing approval without mandatory Phase III clinical trials in India and around informed consent of Indian patients. Read Anupriya’s excellent post here.

Trademark 59

Trademark Publishing Journalism Copyright 59

TorrentFreak

MARCH 7, 2024

Early last year, a group of filmmakers obtained a subpoena that required Reddit to reveal the identities of users who commented on piracy-related topics. The company objected, arguing that handing over the requested information would violate its users’ right to anonymous speech. .

IP 105

IP Copying Copyright Law 105

Kluwer Copyright Blog

MARCH 14, 2022

Lacking relevant solutions in international treaties and with the general topic still being debated in international fora , the UK is one of few national jurisdictions that have already provided for CGW protection. Coming to the more concrete legal points, the UKIPO sought opinions on resolving domestically the status of AI authorship.

IP 60

IP Public Domain Copyright Intellectual Property 60

Velocity of Content

MARCH 31, 2022

This segment from the television show came to mind again for me recently when I sat myself down to a short course of study about various standards, forcing me to think about the whole topic in a more detailed and organized way than I previously had occasion to do. You know, vexillology; Old Glory, the Union Jack and all that.

Television 97

Television Journalism Publishing Licensing 97

Copyright Lately

OCTOBER 24, 2022

The desire to avoid litigation at all costs has helped to create a “clearance culture” in which the standard operating procedure is for content creators to obtain a license (often at substantial expense) for every use of copyrighted material appearing in a production, regardless of whether permission is legally required.

Artwork 87

Artwork Copyright Infringement Copyright Art 87

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the world of IP, blockchain technologies offer real-time possibilities for IP protection, evidence and registration at either the registry stage or in the court when it comes to questions of data security and privacy concerns – a hot topic of recent times. It also provides a cost-effective way to accelerate such processes.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the world of IP, blockchain technologies offer real-time possibilities for IP protection, evidence and registration at either the registry stage or in the court when it comes to questions of data security and privacy concerns – a hot topic of recent times. It also provides a cost-effective way to accelerate such processes.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the world of IP, blockchain technologies offer real-time possibilities for IP protection, evidence and registration at either the registry stage or in the court when it comes to questions of data security and privacy concerns – a hot topic of recent times. It also provides a cost-effective way to accelerate such processes.

Technology 52

Technology Patent IP Invention 52

The IPKat

MARCH 24, 2023

Conversely, if the patentee's additional data were taken into account, the Board of Appeal found that the objective technical problem to be solved in view of the prior art could be revised as the provision of an synergistic insecticide activity against the third moth species, i.e. the moth species to which the new data related.

Invention 131

Invention Publishing Patent Art 131

LexBlog IP

AUGUST 10, 2023

Topic This case addresses the proper standard for an appeal of a discretionary decision by a successor judge as well as requests for attorneys’ fees under 35 U.S.C. § Issues Abuse of Discretion and Successor Judges: Is the abuse of discretion standard proper for an appeal of a discretionary decision by a successor judge?

IP 52

IP Litigation Patent Law 52

Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

Justice Story observed in his judgement, when the courts of law decide on cases like this, they must look to the nature and objects of the selection mode, the quantity and value of material used. To determine whether that person made a fair use of the copyrighted work, the courts should employ the standard of a fair-minded and honest person.

Fair Use 52

Fair Use Copyright Law Copyright Law 52